Agenda - 09-08-2014 - C5 - Laserfiche WebLink

Browse Search

Article 2: Procedures Section 2.7: Special Use Permits 2.'7\6 Notice Requirements for Class B Special Use Permits \Natu Requirements for Class B Special Use Permits shall follow the procedures in Sec ' n 2.7.of Proceedings (A) e review of Special Use Permit applications s/nded nducted duri g a public hearing by e decision - making board. (B) The re 'ew of a Special Use Permit application i- judicia rocess, where the Board re onsible for rendering a decision acts a p el of judges. The Board hears factu evidence and sworn testimony pre a evidentiary hearing, and then makes fi ings of fact supported by compe ntial, and material evidence. (C) The chair or press ing officer of the hearing shall parties intending to present evidence or testimo during the hearing. (D) The chair or presiding icer may take whateve necessary to limit testimony to the presentation of new f tual evidence that 1, material to the application, to ensure fair and orderly proceedings, an to otherwise p mote the efficient and effective gathering of evidence. Such actions may in lude: (1) Barring the presentation o obvi us hearsay evidence, (2) Barring the presentation of - expert opinion, (3) Interrupting digressions i to imm erial testimony, (4) Interrupting repetitiv estimony, (5) Reasonably limiti g the time allotted ea witness or cross - examination, (6) Providing for e selection of spokesperson to represent groups of persons with common in rests, (7) Interrup i g personal attacks, and /or (8) Ord ng.an end to disorderly conduct. (E) Where th oard finds compliance with the general standards, \inme es governing the spe ific use, and that the use complies with all required regd standards, the a lication must be approved unless the Board shall also fi specific MaXner, that: the use will not maintain or promote the public health, safety and g eral welfare, if located where proposed and developed and operated acco ing to the plan as submitted. Those opposing approval of the application on the grounds that the use will not pro to the public health, safety and general welfare shall have the burden of establishing, by competent material and substantial evidence, the specific manner in which the propose use does not satisfy the requirements for approval of the application for a Special Use. . 2.7.8 Review and Decision (A) For Class A Special Use permits, the following shall apply: (1) The Board of County Commissioners and PlaRRing Board shall review the application during a regularly scheduled public hearing. (2) Following review at a public hearing, the Special Use permit application shall be referred to the Planning Board for its consideration and recommendation. Orange County, North Carolina — Unified Development Ordinance Page 2 -19 105